(a) All designated offenders shall submit a DNA sample collected by a person authorized pursuant to section 4204, subsection (b), to determine identification characteristics specific to that person and to be included in the Database. The submission of a DNA sample is not stayed pending a motion for new trial, an appeal of a sentence, appeal to an appellate court or other post conviction motions or petitions.
(b) Any person charged with or convicted of a designated offense before the effective date of this chapter and who is incarcerated on the date of enactment, shall submit a DNA sample, consistent with the provisions this chapter.
(c) The Territorial Probation Office shall collect a DNA sample for each designated offender on probation, parole, or supervised release.
(d) For each individual described in subsections (a) through (c), if the Virgin Islands DNA database or databank contains a DNA analysis with respect to that individual, the Attorney General, the Bureau of Corrections, the Territorial Probation Office or the Board of Parole may collect a DNA sample from that individual.
(e) For purposes of this section, a DNA sample must be taken from the person using the “buccal swab” technique only.
(f) Any person required to submit a DNA sample under this section and who refuses to submit the DNA sample is subject to punishment by a fine of not more than $1,000 or imprisonment for not more than five years or both such fine and imprisonment.